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12 Cards in this Set
- Front
- Back
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servient estate(louisisna) servient tenement (common) |
parcel of land on which an appurtenant easement is locate |
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dominant estate (tenement) |
Parcel of land benefited by an appurtenant easement |
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predial servitude (appurtenant easement) |
easement created to benefit a particular parcel of real property.
The easement transfers automatically with a transfer of the ownership of the real property benefited by the easement |
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easement (servitude) |
right granted to the nonowner of real property to use the real property for a specific purpose.
For example: a right given to an electric utility company to locate an electric line on real property is an easement |
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easement in gross |
Easement granting the owner of the easement the right to use real property for a particular purpose.
the easement does not benefit a parcel of real property owned by the owner of the easement. |
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Access easement (easement by necessity)
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easement for access to a public street that is necessary for the use and enjoyment of the property benefited by the easement |
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license |
a revocable privilege or permission to do an act or series of acts on land possessed by another |
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What are obligations of the owner of the servient estate |
-The owner is not required to do anything -His obligation is to abstain from doing something on his estate or to permit something to be done on it. -May be required by convention or by law to keep his estate in suitable condition for the exercise of the servitude due to the dominant estate |
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How can a predial servitude be established |
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Natural servitude |
arise from the natural situation of estates.
Example: Natural drainage: an estate situated below is bound to receive the surface waters that flow naturally from an estate above unless an act of man has created the flow. The owner of the servient estate may not do anything to prevent the flow of the water. the owner of the dominant estate may not do anything to render the servitude more burdensome |
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Legal servitude |
limitations on ownership established by law for the benefit of the general public or for the benefit of particular persons
Ex: keeping buildings in repair. Owner is bound to keep building in repair. He is answerable for damages only upon a showing that he know, or should have known, could have been prevents; etc.
Ex: Rain drip from rood Landowner is bound to fix is roof so that rainwater does not fall on the ground of his neighbor |
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Right of passage servitude; enclosed estate |
owner has no access to public road or utility may claim a right of passage over neighboring property to the nearest public road or utility. He is bound to compensate his neighbor for the right of passage acquired and to indemnify his neighbor for the damage he may occasion. |
